Madras High CourtWP/9384/2013disposed of

M.Thangamuthu, v. The Tahsildar,

2021-06-28Honourable Mr Justice R. Mahadevan2 pages

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED : 28.06.2021

CORAM

THE HONOURABLE MR.JUSTICE R.MAHADEVAN W.P.No.9384 of 2013 and MP.No.1 of 2013 M.Thangamuthu ...

Petitioner Vs

1. The Tahsildar, Dharapuram Taluk, Dharapuram, Tirupur District.

2. C.P.Chinnasamy ... Respondents Petition filed under Article 226 of the Constitution of India, praying for issuance of a Writ of Certiorari calling for the records relating to the notice issued by the 1st Respondent in Na.Ka.No.2516/2013 S-1 dated 25.03.2013 quash the same. For Petitioner : Mr.S.Doraisamy For R1 : Mr.G.Krishnaraja, GA For R2 : Mr.A.K.Sridharan

O R D E R

The petitioner has come up with this writ petition to quash the notice dated 25.03.2013 issued by the first respondent, with regard to the survey of land in S.Nos.270/5 and 270/6 of Uthupalayam Village, Dharapuram Taluk, based on the application submitted by the second respondent.

2.According to the learned counsel for the petitioner, the second respondent is the adjacent land owner and he caused disturbance to the petitioner's peaceful possession and enjoyment of the land in S.No.270/5A (Old No.656 / 2B2) of Uthupalayam Village, Dharapuram Taluk, which resulted in institution of civil suits before the District Munsif Court, Dharapuram and the same are pending. While so, the first respondent, based on the application submitted by the second https://hcservices.ecourts.gov.in/hcservices/

respondent, issued the impugned notice dated 25.03.2013 to the petitioner, as regards the survey of land in S.Nos.270/5 and 270/6 of Uthupalayam Village. Hence, this writ petition. 3.Today, when the matter was taken up for consideration, it was represented by the learned Government Advocate appearing for the first respondent that subsequent to the filing of this writ petition, the subject land was surveyed and measured, as per the orders of the civil court as well as this court produced by the second respondent and hence, nothing survives for adjudication. The said fact was also fairly conceded by the learned counsel for the petitioner.

4.In view of the aforesaid submissions made by the learned counsel on either side, the writ petition stands dismissed as having become infructuous. No costs. Consequently, connected miscellaneous petition is closed.

Sd/- Assistant Registrar(CS VIII) //True Copy// Sub Assistant Registrar av To

1. The District Munsif Court, Dharapuram.

2. The Tahsildar, Dharapuram Taluk, Dharapuram, Tirupur District.

W.P.No.9384 of 2013 pch[co] srg 13/08/2021 https://hcservices.ecourts.gov.in/hcservices/